ADVOKS GLOBAL · KENYA
Children Act
173. Application for foster care
Edition: 2022-12-31 · In force
173. Application for foster care
(1)Any person wishing to foster a child shall make an application to the Secretary in the prescribed form.(2)On receipt of the application referred to in subsection (1), the Secretary shall conduct due diligence, including ascertaining the criminal liability of the prospective foster parent, and prepare a report containing information relating to the matters specified in Rules made under this Act.(3)The parent or guardian of the child in respect of whom the application is made, and the manager of the charitable children institution at which the child for the time being is accommodated, if that be the case, shall have the right to make representations to the Secretary on any matter contained in the report referred to in subsection (2).(4)Without prejudice to the generality of subsection (1), any person who voluntarily assumes responsibility for the care and protection of a child in a situation of emergency may exercise temporary foster care over the child for a period not exceeding three months pending reunification of the child with his or her parent or guardian or placement in foster care under this Act.(5)No person shall exercise temporary foster care under subsection (4) unless such person gives notice in the prescribed form to the Officer Commanding Station in the local limits of the jurisdiction in which the child is accommodated.(6)The Officer Commanding Station shall notify the Secretary within twenty-four hours of receiving a notice under subsection (5).(7)A foster parent in whose care a child is committed shall, while the child remains in his or her care, have the same responsibilities in respect of the maintenance of the child as if such foster parent were the parent or guardian of the child.